BAY CITY, MI — A 28-year-old Bellaire man police say overdosed on heroin in a Pinconning gas station's parking lot has pleaded guilty to a felony stemming from his possession of the illicit opiate, but he's not likely to serve prison time.

Jacob P. Windish on Thursday, May 8, appeared in Bay County Circuit Court and pleaded guilty to one count of possession of a controlled substance less than 25 grams. The charge is a four-year felony, but Windish's prior convictions increased the maximum potential penalty to eight years.

In exchange for his plea, the prosecution agreed to dismiss a second count of the same charge.

As part of the plea agreement, the prosecution is not seeking an enhanced sentence and Windish is not to serve prison time on his initial sentence, according to a Cobbs hearing held previously. In a Cobbs hearing,a judge outlines the likely sentence if a defendant accepts a plea deal.

Windish's charges stem from an incident that occurred in the Sunoco gas station at 520 E. Pinconning Road the night of Friday, Feb. 28. At that time, Pinconning police and Bay County Sheriff's deputies responded to the station after Windish's 23-year-old girlfriend, Kendra L. Sewell called 911 to report Windish was unresponsive in a car after injecting heroin, court records show.

A Pinconning officer arrived on scene first and spotted a black Dodge Avenger in the lot with Sewell standing near the open passenger door, court records show.

Windish was sitting in the passenger seat, unresponsive with blue lips and fingers, the officer wrote in his report, contained in court records. By the time medical personnel arrived, Windish was making noises but still unresponsive, court records show.

Paramedics arrived and loaded Windish into an ambulance.

The officer searched the Dodge and found a needle, spoons, pills and a substance the woman identified as heroin, court records show.

Sewell told police she came to pick up Windish at the gas station. She added that Windish had heroin with him and that they both planned on getting high.

"Jacob always shoots up first because we never know how strong the heroin is," Sewell told police. "Jacob has died a couple of times using the heroin. I overdosed one of the first times I used heroin and he put me in a cold shower to bring me around."

Sewell said she did not use heroin after Windish started overdosing, but she did use it earlier that day, court records show. She added that Windish works on oil pipes in Pennsylvania and bought the heroin there.

The interviewing officer then entered the ambulance to speak with Windish, who was by then conscious. Windish told the officer his girlfriend brought him the heroin, court records show.

The paramedics then took Windish to McLaren Bay Region hospital in Bay City.

Officers arrested Sewell, impounded her Dodge and confiscated the suspected drugs and paraphernalia.

Interviewed by a deputy at the jail, Sewell said Windish's lips turned blue and he became unresponsive about 30 seconds after injecting the opiate. She said she punched, slapped and poured water on him before calling 911.

The deputy later spoke with Windish, who said he brought the heroin with him from Pennsylvania. The pills in the vehicle were methadone, Windish told the deputies, adding he was using the substance to try to kick his heroin habit. He added that all of the drugs and paraphernalia in the car were his, not Sewell's, court records show.

Sewell was also charged in connection with the incident and, in March, pleaded guilty to using heroin. Bay County District Judge Mark E. Janer sentenced Sewell to two years of probation and ordered her to complete an in-patient rehabilitation program.